User Policy

This User Policy governs the relationship between Eva Excelsior Solutions Pvt Ltd ("Eva Excelsior", "Company", "We", "Us", "Our") and every individual or entity ("User", "You", "Your") who accesses or uses the Global eTrade Portal — whether as an Exporter, Importer, Buyer, Seller, Guest, or Service Provider. By accessing the Portal you unconditionally accept this Policy in its entirety.

1. Definitions & Interpretation

In this User Policy, unless the context otherwise requires:

• "Portal" or "Platform" means the Global eTrade Portal operated at any domain, sub-domain, or mobile application owned or licensed by Eva Excelsior Solutions Pvt Ltd.
• "User" means any natural person or legal entity that registers, browses, transacts, or otherwise interacts with the Portal, including Exporters, Importers, Buyers, Sellers, Logistics Service Providers, Financial Institutions, and Regulatory Integrators.
• "Registered User" means a User who has completed the platform's eKYC/KYB verification process and been granted an authenticated account.
• "Guest User" means a User who accesses public-facing sections of the Portal without completing registration.
• "Exporter" means an Indian entity or individual registered on the Portal for the purpose of offering goods or services for international sale or shipment.
• "Importer / Buyer" means a foreign or domestic entity registered on the Portal for the purpose of purchasing or arranging import of goods or services originating from India.
• "Cross-Border Trade" means any commercial transaction involving the movement of goods, services, or digital deliverables across international borders.
• "Trade Document" means any document generated, transmitted, stored, or authenticated through the Portal, including invoices, packing lists, bills of lading, certificates of origin, letters of credit, and customs declarations.
• "Applicable Law" means the laws of the Republic of India, the laws of the destination/origin country, and all relevant international treaties, conventions, and regulations applicable to cross-border trade transactions.
• "Content" means all information, data, text, images, documents, listings, specifications, trade intelligence, and materials submitted to, published on, or generated by the Portal.

2. Eligibility & User Categories

2.1 Eligibility Criteria

To register as a Registered User on the Portal, You must:

• Be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is higher.
• Have the legal capacity and authority to enter into binding contracts under Applicable Law.
• Not be declared insolvent, bankrupt, or subject to winding-up proceedings.
• Not be listed on any sanctions list maintained by OFAC, the United Nations Security Council, the European Union, HM Treasury (UK), the Reserve Bank of India, or any other competent sanctions authority.
• Hold a valid Importer Exporter Code (IEC) if registering as an Exporter under Indian customs regulations.
• Hold valid business registration, VAT/GST registration, or equivalent licences as required by the laws of your jurisdiction.
• Provide true, accurate, current, and complete information during and after registration.

2.2 User Categories

The Portal recognises the following User categories, each with distinct access rights and obligations:

• Tier 1 — Guest User: Read-only access to public listings and market intelligence summaries. No transactional capability.
• Tier 2 — Standard Registered User: Full marketplace access, product listing, buyer-seller messaging, and access to compliance checklists. Subject to basic eKYC.
• Tier 3 — Verified Exporter: Access to ICEGATE integration, DGFT filing, trade finance facilitation, logistics APIs, and auction modules. Subject to enhanced KYB, IEC verification, and GSTIN validation.
• Tier 4 — Verified Importer/Buyer: Access to order placement, LC issuance, escrow, and multi-currency payments. Subject to enhanced KYB and sanctions screening.
• Tier 5 — Service Provider Partner: Access to logistics, insurance, testing, and finance APIs. Subject to partner agreements and DPIIT/regulatory approvals where applicable.

3. Account Registration & Security

3.1 Registration Process

Registration on the Portal requires: (a) submission of a valid email address and mobile number for OTP verification; (b) completion of eKYC/KYB verification through the Portal's integrated digital identity verification system; (c) submission of mandatory business documents including, for Indian entities, a valid PAN, GSTIN, IEC, MSME/Udyam certificate, and Certificate of Incorporation or Partnership Deed as applicable; (d) for foreign Users, submission of equivalent documents including company registration certificates, VAT/EIN/business identification numbers, and authorised signatory identity documents; (e) acceptance of all applicable Platform policies.

3.2 Account Credentials & Security

• You are solely responsible for maintaining the confidentiality of your login credentials, API keys, and digital signature certificates associated with your account.
• You must immediately notify Eva Excelsior at security@evaexcelsior.com of any actual or suspected unauthorised access to your account.
• Eva Excelsior shall not be liable for any loss or damage arising from your failure to comply with this security obligation.
• Eva Excelsior reserves the right to suspend or terminate accounts showing signs of compromise, unusual activity, or violation of this Policy without prior notice.
• Multi-factor authentication (MFA) is mandatory for all Tier 3, 4, and 5 Users and is strongly recommended for all other Users.

3.3 Prohibited Account Conduct

The following conduct is strictly prohibited and may result in immediate account termination, forfeiture of funds held in escrow, and referral to law enforcement authorities:

• Creating multiple accounts to circumvent verification, sanctions screening, or restrictions imposed by the Platform.
• Sharing account credentials with third parties or allowing unauthorised persons to operate your account.
• Using automated bots, scraping tools, or scripts to access Platform features without prior written authorisation.
• Impersonating another User, entity, or regulatory authority.
• Submitting fraudulent, forged, or materially misleading documents during registration or any transaction.

4. User Obligations — Exporters

As an Exporter registered on the Portal, You hereby represent, warrant, and undertake that:

• All product listings, specifications, pricing, and availability information published on the Portal are true, accurate, and not misleading.
• You hold all applicable export licences, registrations, and authorisations including but not limited to IEC, RCMC, APEDA registration, FSSAI licence, CDSCO registration, BIS licence, or any other statutory authorisation required for the export of your listed products.
• You will comply with all Indian export control laws including the Foreign Trade (Development and Regulation) Act 1992, Customs Act 1962, FEMA 1999, and all notifications issued by DGFT, Ministry of Commerce, and the Reserve Bank of India.
• You will not list, offer, or export items that are prohibited or restricted under the ITC-HS Schedule 1 (Prohibited Items) or Schedule 2 (Restricted Items) without obtaining the requisite licence from DGFT.
• You will ensure that all goods exported through transactions facilitated by the Portal comply with the destination country's import regulations, including product safety standards, labelling requirements, phytosanitary requirements, and customs valuation rules.
• You will not engage in invoice value manipulation, over-invoicing, under-invoicing, or any practice prohibited under FEMA or the Black Money Act, 2015.
• You will remit all export proceeds within the timelines prescribed by the RBI (currently 9 months from the date of shipment for goods) and complete the EDPMS cycle including submission of eBRC.
• You acknowledge and agree that Eva Excelsior is a technology platform and does not assume any liability for the quality, quantity, fitness for purpose, or regulatory compliance of goods listed or shipped by You.

5. User Obligations — Importers / Buyers

As an Importer or Buyer registered on the Portal, You hereby represent, warrant, and undertake that:

• You hold all import licences, permits, authorisations, and registrations required under the laws of your jurisdiction for the importation of goods ordered through the Portal.
• You will comply with all customs, sanitary and phytosanitary, product safety, labelling, and certification requirements applicable to imported goods in your country.
• You will not use the Portal to import goods that are prohibited or restricted under the laws of your country without the requisite authorisation.
• You will not engage in any practice aimed at circumventing import duties, anti-dumping duties, countervailing duties, or other trade remedies imposed by your country's trade authorities.
• You accept sole responsibility for clearing goods through your country's customs authority, including payment of all applicable import duties, taxes, levies, and charges.
• You acknowledge that Eva Excelsior is not a customs agent, freight forwarder, or licensed customs broker in your jurisdiction, and that all customs-related obligations remain your sole responsibility.
• You will indemnify Eva Excelsior against any customs penalties, seizures, or legal proceedings arising from your failure to comply with import regulations.

6. Prohibited Uses of the Portal

IMPORTANT: Violation of any of the following prohibitions may result in immediate suspension, permanent ban, civil litigation, and/or referral to criminal authorities in India and/or the relevant foreign jurisdiction.

The Portal must not be used for any of the following purposes:

• Facilitating trade in goods or services that violate sanctions of any country, including the OFAC SDN list, UN Security Council sanctions, EU Consolidated Sanctions List, UK Financial Sanctions List, or RBI directions.
• Engaging in money laundering, terrorist financing, or any activity prohibited under the Prevention of Money Laundering Act 2002 (India) or equivalent legislation in any jurisdiction.
• Trafficking in human beings, narcotics, controlled substances, firearms, ammunition, or any item classified as dual-use under the Wassenaar Arrangement or SCOMET list.
• Importing or exporting items that are subject to CITES restrictions without the requisite CITES permits.
• Uploading, transmitting, or sharing any Content that is defamatory, obscene, illegal, or infringes upon the intellectual property rights of any third party.
• Attempting to gain unauthorised access to, disrupt, or interfere with the Portal's technical infrastructure, databases, or APIs.
• Using the Portal to engage in unfair trade practices, cartel activity, bid-rigging in auction modules, or any act prohibited under the Competition Act 2002 (India) or equivalent competition law of any relevant jurisdiction.
• Misusing trade finance instruments including LC fraud, phantom shipments, document falsification, or duplicate financing.

7. Intellectual Property

All intellectual property rights in the Portal, including but not limited to software, algorithms, databases, trade intelligence reports, compliance engines, design elements, trademarks, service marks, and logos, are the exclusive property of Eva Excelsior Solutions Pvt Ltd or its licensors. Nothing in this User Policy shall be construed as conferring any licence or right to use any such intellectual property except as expressly authorised herein.

Users are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Portal solely for lawful commercial trade purposes as contemplated by their User tier. Users must not copy, reproduce, reverse engineer, decompile, disassemble, or create derivative works from any part of the Portal. Any Content uploaded by a User to the Portal is licensed by that User to Eva Excelsior on a worldwide, royalty-free basis solely for the purpose of operating and improving the Portal.

8. Suspension, Termination & Account Closure

Eva Excelsior reserves the right to suspend or permanently terminate any User account with or without prior notice in the following circumstances:

• Breach of any provision of this User Policy, the Terms of Use, or any other Platform policy.
• Receipt of a valid law enforcement, regulatory, or judicial order requiring suspension or termination.
• Positive match on any sanctions watchlist maintained by OFAC, UN, EU, UK, or RBI.
• Detection of fraudulent, suspicious, or prohibited activity by the Platform's transaction monitoring system.
• Non-payment of amounts due to Eva Excelsior or Platform partners.
• User's insolvency, bankruptcy, or winding-up proceedings.

Upon termination, the User's access to the Portal is immediately revoked. Eva Excelsior is not obligated to return User-generated content, though it will retain such content as required by applicable data retention laws. Any funds held in escrow at the time of termination shall be dealt with in accordance with the Escrow Terms and applicable Indian law.

9. Governing Law & Dispute Resolution

This User Policy shall be governed by and construed in accordance with the laws of the Republic of India. Any dispute, controversy, or claim arising out of or relating to this User Policy shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India.

Prior to initiating formal proceedings, Users are required to attempt resolution through Eva Excelsior's internal grievance mechanism by writing to grievance@evaexcelsior.com with full particulars of the dispute. Eva Excelsior shall endeavour to respond within 30 days.

10. Amendments

Eva Excelsior reserves the right to amend this User Policy at any time. Amended policies will be posted on the Portal with the effective date. Continued use of the Portal after the effective date constitutes acceptance of the amended Policy. Users who do not accept the amendments must cease using the Portal and close their accounts.